Regulatory Powers (Standardisation Reform—Schedule 12) Commencement Proclamation 2018

Overview

The Regulatory Powers (Standardisation Reform—Schedule 12) Commencement Proclamation 2018 was enacted to commence the commencement of Schedule 12 to the Regulatory Powers (Standardisation Reform) Act 2017 on 31 March 2018. The act was introduced to streamline and standardise regulatory processes in Australia, addressing a gap in the consistency and efficiency of regulatory activities across different jurisdictions. The enacting body was the Parliament of the Commonwealth of Australia, with the proclamation issued by the Honourable Sir Peter Cosgrove AK MC (Ret’d), the Governor-General, acting with the advice of the Federal Executive Council under item 3 of the table in subsection 2(1) of the Act. The policy objective was to enhance regulatory standardisation, ensuring a cohesive and efficient approach to regulatory compliance and oversight across the country.

Scope and Application

The Regulatory Powers (Standardisation Reform—Schedule 12) Commencement Proclamation 2018 initiates the commencement of Schedule 12 under the Regulatory Powers (Standardisation Reform) Act 2017, effective from 31 March 2018. This commencement applies across the Commonwealth of Australia, extending its reach to all federal legislative provisions outlined within the Schedule. The Act is designed to streamline and enhance regulatory frameworks, primarily impacting entities and industries that require compliance with standardised regulations. While the Proclamation does not specify particular exclusions, exemptions, or thresholds within its text, the overarching Act may delineate these factors through subordinate instruments. These instruments are likely to provide further detail on the specific scope of application, including any entities or industries exempted from certain provisions, and may also establish thresholds for compliance. The commencement of this Schedule is pivotal in ensuring that regulatory reforms are effectively implemented and harmonised across the national jurisdiction.

Key Provisions

The main operative sections of the Regulatory Powers (Standardisation Reform—Schedule 12) Commencement Proclamation 2018 (F2018N00020) are relatively straightforward. Section 3 fixes 31 March 2018 as the day on which Schedule 12 to the Regulatory Powers (Standardisation Reform) Act 2017 commences. This means that from that date, the provisions outlined in Schedule 12 of the Act, which pertain to the standardisation reform, will come into effect. The commencement date is a critical provision as it signals when the legislative changes outlined in the schedule will be implemented. The Act imposes certain obligations and requirements on the parties and entities it governs. Essentially, it mandates the enforcement of the reforms detailed in Schedule 12, ensuring that the standardisation measures are adopted and adhered to. This includes compliance with any new or amended standards, guidelines, or procedures that are introduced as part of the reform. These reforms are likely aimed at improving regulatory efficiency, consistency, and reducing unnecessary burdens on businesses and other stakeholders. In terms of offences, penalties, or consequences for breach, the Act itself does not detail specific penalties for non-compliance with the reforms in Schedule 12. However, it is important to note that the Regulatory Powers (Standardisation Reform) Act 2017 may contain provisions that outline penalties for breaches of the standards and reforms. Typically, such legislation may impose fines, corrective action orders, or other sanctions for non-compliance. The exact nature and severity of these penalties would depend on the specific provisions of the Act and any related regulations or guidelines that are established to govern the implementation of the reforms. The commencement of Schedule 12 on 31 March 2018 is a significant event that sets the stage for the adoption of the standardisation reforms. Entities and parties governed by the Act are required to ensure compliance with the new standards and procedures introduced by the reforms. Failure to comply with these requirements may lead to enforcement actions, which could include administrative or legal penalties as outlined in the primary Act or associated regulations. It is crucial for those affected by the reforms to be aware of their obligations and to take proactive steps to ensure compliance to avoid potential consequences.